COMMONWEALTH ex rel. McDEVITT v. BURKE


166 Pa.Super. 194 (1950)

Commonwealth ex rel. McDevitt v. Burke, Warden.

Superior Court of Pennsylvania.

January 12, 1950.


Attorney(s) appearing for the Case

Herbert L. Maris, for petitioner.

James W. Tracey, Jr., First Assistant District Attory, with him John H. Maurer, District Attorney, and H.J. Woodward, Deputy Attorney General, for respondent.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and FINE, JJ. (ARNOLD, J., absent.)


OPINION BY RHODES, P.J., January 12, 1950:

This is a petition for writ of habeas corpus in which relator avers (1) that one of the sentences imposed upon him was unlawful in that it exceeded the maximum prescribed by law, and (2) that he is eligible to apply for parole. Rule was granted and answers were filed by the District Attorney of Philadelphia County and the Warden of the Eastern State Penitentiary. Written briefs were presented and the matter was orally argued...

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